Artificial Intelligence and Machine Learning

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Artificial intelligence and machine learning counsel on training data rights, IP protection, liability, and AI regulation, helping you build and deploy AI systems without inheriting unmanaged legal risk.

Artificial intelligence and machine learning raise legal questions the older playbooks never anticipated, from who owns training data to who answers when a model gets it wrong. Our attorneys have engineering backgrounds and understand how these systems are actually built and deployed, which lets us advise on AI data rights, IP, liability, and regulation with the technical detail these issues demand.

Training Data Rights

The data you train on can be your biggest asset or your biggest liability, and often it is both. We structure agreements for acquiring and using training data, addressing ownership, licensing scope, privacy and consent, and permitted versus prohibited uses, and we help you document provenance so you can show where your data came from if a regulator, a counterparty, or a court ever asks.

Protecting AI Intellectual Property

AI systems blend code, model architecture, weights, and data in ways that strain traditional IP categories. We advise on protecting these assets, weighing patent eligibility for AI-related inventions against trade secret protection for models and pipelines, and we work through the thorny copyright questions around training inputs and machine-generated outputs so your protection strategy fits how your technology actually works.

AI Liability And Risk

When an AI system makes a decision that causes harm, the question of who is responsible is rarely simple. We assess your liability exposure across the development and deployment chain and build practical risk management, including testing and validation records, human-oversight and disclosure practices, contractual allocation with vendors and customers, and insurance, so the risk is identified and contained rather than discovered after something goes wrong.

AI Regulatory Compliance

AI regulation is arriving quickly and unevenly across jurisdictions, and waiting for it to settle is not a strategy. We track developing requirements, from the EU AI Act to U.S. federal and state measures and sector-specific rules, and advise on compliance with what is already in force, so you can design transparency, documentation, and governance into your systems now instead of retrofitting under deadline later.

Frequently asked questions

This is unsettled. U.S. copyright law requires human authorship, so purely AI-generated output may not be protectable by copyright at all, while human-directed work involving AI is a closer call. Because the default protection is uncertain, your contracts with vendors, customers, and employees should state who owns AI outputs and how they can be used rather than leaving it to evolving law.

Yes, AI systems and techniques can be patented like other technology, but you face real challenges. An AI can't be named as an inventor, so a human must qualify as the inventor, and abstract-idea rejections are common for software-style claims. Patent strategy here means analyzing carefully what's genuinely novel and protectable versus what's better kept as a trade secret.

You need to confirm you have rights to use each dataset for the purpose you actually intend, including training. Copyright, license terms, and privacy laws all bear on this; data that's fine to view isn't automatically fine to train on, and personal data adds consent and notice obligations. Sorting this out before training is far cheaper than unwinding a model later.

AI-specific regulation is still limited in the U.S. but growing fast. The EU AI Act imposes obligations based on risk level, several states have passed laws touching AI and automated decisions, and sector rules in areas like hiring, lending, and health already apply. The compliance picture depends on where you operate and how your system is used, so it's worth mapping early.

Reduce risk through testing, documentation, meaningful human oversight, and matching the AI to use cases it's actually suited for. Be clear in your contracts and user-facing materials about the system's limitations and intended use. It's also worth checking whether your insurance covers AI-related claims, since standard policies may not.

AI can reproduce or amplify bias in its training data, which creates both legal and reputational exposure, especially in regulated areas like employment and credit. Address it with representative training data, testing for disparate outcomes, and ongoing monitoring after deployment. Document those efforts, because being able to show you tested and monitored matters if a decision is ever challenged.

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